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U.S. Constitution study guide: Difference between revisions
→Bill of Rights [Amendments 1-10]
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== Bill of Rights [Amendments 1-10] == | == Bill of Rights [Amendments 1-10] == | ||
'''{{#tip-text:[BIll of Rights| | '''{{#tip-text:[BIll of Rights]|Bill of Rights | ||
* = the first ten amendments that were adopted as a group | * = the first ten amendments that were adopted as a group | ||
* known collectively as the "Bill of Rights" (BOR) | * known collectively as the "Bill of Rights" (BOR) | ||
* the BOR protect certain rights from "infringement" by the federal government | * the BOR protect certain rights from "infringement" by the federal government | ||
* as originally enacted and interpreted by the Courts, the BOR did not apply to the states | |||
* i.e., the BOR does not provide those rights, it protects rights that already exist or exist "naturally" (called "natural law") | * i.e., the BOR does not provide those rights, it protects rights that already exist or exist "naturally" (called "natural law") | ||
* | * their principal author, James Madison, did not consider the amendments essential, but he understood the political need for them, as the anti-Federalists had made strong arguments for the need to protect the rights of the people and of the states from the central government | ||
* Madison feared that a general convention, called by the states per Article V, might take the opportunity for direct amendment of the Constitution, as opposed to merely adding the BOR | |||
* | * therefore he and the Federalists used Article V power of the Congress by 2/3rds vote to propose amendments for consideration by the states | ||
* a series of amendments were introduced to the House of Representatives by Madison, including one to apply the BOR to the states and another to add the protection of natural rights to the Preamble | |||
* the House approved 17 Articles, the Senate approved 12 of them, and the states ratified 10 of them as of Dec 15, 1791 | |||
* one of the two remaining Articles was adopted on May 5, 1992 as the 27th amendment (regarding Congressional compensation) | |||
* see the 14th amendment for how that amendment opened the path for judicial application of the BOR to state law (called "incorporation" of the BOR)}}''' | |||
==={{#tip-text: Amendment 1|}}=== | ==={{#tip-text: Amendment 1|}}=== | ||
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. | ||
==={{#tip-text: Amendment 2|}}=== | ==={{#tip-text: Amendment 2|}}=== | ||
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. | A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. | ||
==={{#tip-text: Amendment 3|}}=== | ==={{#tip-text: Amendment 3|}}=== | ||
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==={{#tip-text: Amendment 4 |}}=== | ==={{#tip-text: Amendment 4 |}}=== | ||
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. | The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. | ||
===Amendment 5=== | ===Amendment 5=== | ||
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==={{#tip-text: Amendment 7|}}=== | ==={{#tip-text: Amendment 7|}}=== | ||
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. | In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. | ||
==={{#tip-text: Amendment 8|}}=== | ==={{#tip-text: Amendment 8|}}=== | ||
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. | Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. | ||
==={{#tip-text: Amendment 9|}}=== | ==={{#tip-text: Amendment 9|}}=== | ||
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. | The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. | ||
==={{#tip-text: Amendment 10|}}=== | ==={{#tip-text: Amendment 10|}}=== | ||
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people | The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people | ||
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